TERMS AND CONDITIONS OF SALE
TEMCO INTERNATIONAL CORP.
Effective Date: May 20, 2026 | Revision: 1.0
1. Applicability.
These Terms and Conditions of Sale apply to all quotations, sales, and deliveries by Temco International Corp. ("Seller") to its customer ("Buyer"). Any conflicting Buyer terms are rejected unless accepted in writing.
2. Quotations and Orders.
All quotations are subject to change and require written acceptance. Seller reserves the right to reject or cancel any order.
3. Pricing.
Prices are subject to change without notice at any time prior to order acceptance. Seller reserves the right to adjust pricing due to changes in supplier costs, freight, or market conditions. All prices are exclusive of taxes, freight, duties, and other charges unless otherwise stated. Buyer is responsible for all applicable charges.
4. Payment Terms.
For non-stock items, fifty percent (50%) of the purchase price is due with the order, and the remaining fifty percent (50%) is due before shipping. For stock items that are ready to ship, the full balance is due before shipping. Late payments may incur interest, collection costs, and suspension of deliveries.
5. Delivery and Shipping.
Delivery dates are estimates only. Standard shipment terms are EX Works Temco International, Miami, FL, unless otherwise stated. Risk of loss and responsibility for transportation pass to Buyer when the goods are made available at Seller’s facility.
6. Inspection and Acceptance.
Buyer must inspect goods upon receipt. Claims must be made within fifteen (15) days or goods are deemed accepted.
7. Returns and RMA.
All returns require prior authorization and are subject to Temco’s Refund and Return Policy, which is available upon request and on Seller’s website at https://temcointl.com.
8. Warranty.
Seller makes no independent warranties. All products are sold subject solely to the manufacturer’s warranty, if any. Seller’s sole obligation is to pass through any transferable manufacturer warranty. All other warranties, including merchantability and fitness for a particular purpose, are disclaimed.
9. Limitation of Liability and Disclaimers.
Seller shall not be liable for any indirect, incidental, special, or consequential damages. In all events, Seller’s liability shall be limited as set forth below.
1. No Field Support Liability. Seller does not provide on-site or field services unless agreed in writing. Any assistance is provided without liability.
2. Technical Advice Disclaimer. Any advice is for guidance only and without warranty. Buyer is responsible for product suitability and compliance.
3. Installation Responsibility. Buyer assumes full responsibility for installation, operation, and maintenance.
4. Limitation on Damages Cap. To the fullest extent permitted by law, Seller’s total cumulative liability shall not exceed the amount paid by Buyer for the specific product giving rise to the claim.
5. Product Misuse and Improper Application. Seller shall have no liability whatsoever for any damage, failure, or loss arising from misuse, improper selection, improper application, or improper installation of the products. Buyer is solely responsible for ensuring proper product selection, specification, installation, and use in accordance with manufacturer guidelines and applicable standards. Seller shall not be liable for damages resulting from use outside specified conditions, improper system design or integration, failure to follow manufacturer instructions, or modification of products.
10. Credit and Collections.
Buyer agrees to pay all invoices according to stated terms. Seller reserves the right to charge interest on overdue amounts at the rate of 1.5% per month (18% per annum), or the maximum rate permitted by law, whichever is lower. Buyer shall be responsible for all costs of collection, including reasonable attorney’s fees, court costs, and collection agency fees.
11. Compliance with Laws and Regulations.
Buyer is solely responsible for ensuring that all products are installed, used, and maintained in compliance with all applicable federal, state, and local laws, codes, regulations, and industry standards, including but not limited to NFPA, ANSI, and other applicable safety requirements. Seller shall have no responsibility or liability for Buyer’s failure to comply with such laws or standards.
12. Force Majeure.
Seller is not liable for delays caused by events beyond its control.
13. Order Cancellations.
Orders cannot be canceled once processed or shipped. Custom orders are non-cancelable.
14. Governing Law.
These Terms are governed by the laws of the State of Florida, and jurisdiction and venue shall lie in Miami-Dade County, Florida.
15. Entire Agreement.
These Terms constitute the complete agreement and supersede prior communications.
Temco International Corp. | 11919 SW 130th Street, Suite 100, Miami, FL 33186 |